Monthly Archives: April 2014

When someone is arrested, the State typically needs to decide what kind of crime to charge or if they want to file at all. Typically on arrest, the officer writes in a bond and the arrestee can bond out… But sometimes the financial circumstances don’t permit the person to bond out, or the charge is a ‘No Bond’ charge. In these cases, the State of Florida decided that the limit to sit in jail without being charged is 33 days. If the State doesn’t charge you, on the 30th day the Court will notice the State and Order you to be released on your own recognizance (ROR) on the 33rd day after arrest. The one exception is if the State can show good cause. Good cause is generally if the State is trying to obtain evidence and they have a valid excuse for not filing. This would be if something about the case was so complex that the State could not get it together in 30 days. That buys the State an additional 10 days. No matter what the State must file charges within 40 days or you must be released ROR even if you have a bond. If someone you know is in jail contact our Orlando violation of probation attorney’s today.

You got pulled over… And your license is suspended? And you got arrested… Because the officer says you knew.

An Orlando Driving while license suspended with knowledge is an enhanceable offense, meaning if you are previously convicted (either by adjudication or withhold), the next Driving while license suspended with knowledge can be enhanced. The first is a second degree misdemeanor (up to 60 days in jail, 6 months on probation and a fine of up to $500.00). On your 2nd, it can become a first degree misdemeanor (up to 365 days in jail, 12 months on probation and a fine of up to $1,000.00), and your third or fourth can be a third degree felony (up to five years in prison, five years on probation and a fine of up to $5,000.00), and so on and so forth. In order to be charged as a felony, you will have first been deemed a Habitual Traffic Offender by the Florida Department of Motor Vehicles.

There are numerous issues that determined you getting to the point of having your license suspended or revoked. These issues include delinquent child support, paying all your tickets at once, not paying your insurance, or the insurance company cancelled your insurance without your knowledge, etc. There are also numerous defenses, including Motions to Dismiss, Motions to Suppress your Identity, and Motions to Vacate or Change to a Withhold the underlying cases that caused your license to be revoked. Let experienced Attorney Heiko Moenckmeier look at your driving record and case, and he may be able to get you your driver’s license back. Attorney Heiko Moenckmeier has handled more than a thousand driver’s license cases, and has learned the ins and outs of the Department of Motor Vehicles Rules and Laws.

The Public Defender’s Office typically does not allow their attorneys to fight civil infractions alone, which can be the basis of your suspension.

Call Attorney Heiko Moenckmeier today at 407-504-1384 for help in reducing the charges, reducing the penalties, getting your driver’s license back, and fighting for you.

If you are arrested for a Kissimmee Driving While License Suspended, or you receive notice from the Department of Motor Vehicles that your license will be revoked, you need to contact an experienced Driving While License Suspended with Knowledge Traffic Attorney Heiko Moenckmeier, Esq., TODAY. Call now for a free consultation at 407-504-1384.

This article is meant for entertainment and informational use only. The decision to hire an attorney should not be based solely on advertisements. You have the right to question an attorney’s experience. Each case has its own individual nuances that can affect the outcome of the case.

Colorado legalized marijuana for all… But that has no bearing on Florida, our laws, or the police here. John Morgan is trying to get medical marijuana legalized in Florida, and that seems to be going well, but the vote is not until November, 2014, and even then, up for legal challenges and not sure how it’s going to shake out.

Our Sunshine State is quite far behind, so don’t try to use ‘it’s medical marijuana’as a legitimate affirmative defense here in Florida! (Also, don’t tell them how you got it here, as chances are, in fact, you violated numerous federal and state laws along the way). Florida state law criminalizes possession of cannabis under twenty grams as a first degree misdemeanor punishable by up to a year in jail or a year on probation, or some combination of both and a $1000.00 fine, and if adjudicated, a driver’s license suspension of two years (which is your most pressing concern, and comes as a punishment to all violations of Florida Statutes 893.13 adjudications, such as Xanax, Cocaine, etc).

Orlando Possession of Cannabis Over 20 Grams and Orlando Sale and/or Delivery of Cannabis are each felonies of the third degree, punishable by up to five years in prison, five years on probation, and a fine of up to $5,000.00, in addition to a two year driver’s license suspension if adjudicated guilty. But even if you are arrested for a felony, an experienced criminal defense attorney (like myself) can be very useful, and can fight the State into getting the charges dismissed or reduced.

The important thing is THERE IS HOPE. There are many legal issues that may be identified by an experienced criminal defense attorney that could allow the evidence to be excluded by the Court and the case could be dismissed. Was the officer’s initial stop legal? What was the length of time of the stop? Did he have probable cause to search? Who else was in the car? Did the officer just knock on the door of the house and say ‘I heard y’all were selling heroin, if its just personal use pot, I’ll give you a ticket and you won’t go to jail’? Did they have a warrant? And the beat goes on and on. There are many relevant legal issues to explore on a drug case that an experienced criminal defense attorney can identify and use to fight a person’s case. In addition, some Florida Counties offer Pretrial Diversion, a program run by the State or County that allows a first time offender to go through a serious of ‘donations,’community service, and random drug testing, and have the case dropped. It is important for an attorney to review your case, even if you have never been arrested, as the experienced criminal defense lawyer can analyze the legal issues and oftentimes get your case dismissed to save you time and money.

This article is meant for entertainment and informational use only. The decision to hire an attorney should not be based solely on advertisements. You have the right to question an attorney’s experience. Each case has its own individual nuances that can affect the outcome of the case.